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Well for one thing I don't know even if I was arrested and I have no paperwork and the accident happened on August 15th,2009.But I always thought that I had to be arrested and brought in front of a majestrate for a preliminary hearing in a certain amount of time.So the question is that is there a time period for having charges filed against you and is there a time period for making the person aware that charges are being filed against him.

Asked on 9/22/09, 10:04 pm

1 Answer from Attorneys

Interesting question. At one time this was a clear win. However, since a case in the 90's, I think it was Comm. v. Revtai, you have to show actual prejudice as a result of the delay, I've heard of at least one case that was successful because the blood sample was no longer available for independent testing, but I have made the same argument and lost.